Lawsuit Battle Faces Review

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City Official Asks Tamarac To Reconsider

January 8, 2002|By Susannah Bryan Staff Writer

TAMARAC — Residents who live near a planned apartment complex in the Kings Point area fear it will bring too many cars to what they call a winding country road and want the city to fight the developer in court.

They got their wish in December, when city commissioners voted 3-2 to fight a developer's lawsuit.

But Commissioner Gert Mishkin, who opposed the project in December, has requested that officials vote on Wednesday to reconsider the issue. If commissioners agree to another vote, a public hearing will be held on Jan. 23 at 9 a.m.

Developer Paul Steinfurth, who wants to build a 62-unit complex on Westwood Drive east of Nob Hill Road, filed the lawsuit in September after the city blocked the project in August.

The city intended to settle the lawsuit after being advised it would likely lose in court, City Attorney Mitch Kraft said. But residents came out in force on Dec. 12 and persuaded commissioners to go to trial.

Richard G. Coker Jr., attorney for the developer, said his client will prevail. "In the end, that project will be built," Coker said.

"It looks very much like we're going to lose," Mishkin said, explaining her change of heart. "It's going to cost everyone a lot of money."

It will cost the city about $100,000 to defend the lawsuit, Kraft said. If the city loses, it will likely have to pay attorney's fees for the developer, who said he will seek damages.

Many residents spoke against the project when it first came up for approval in July. Commissioners tabled the item until August, then denied a special exception in a 4-1 vote. The project required a special exception for the developer to build three two-story buildings instead of one, Kraft said.

Commissioners rejected the request for a special exception again in December.